B.E. Witkin Judicial CollegeB.E. Witkin Judicial College

Alcohol and Other Drugs and the CourtsAlcohol and Other Drugs and the Courts

Hon. Peggy Fulton HoraHon. Peggy Fulton Hora

Alameda County Superior CourtAlameda County Superior Court

June 9, 2005June 9, 2005

FALSEFALSE Children in alcohol-abusing families are no Children in alcohol-abusing families are no

more likely to be victims of maltreatment more likely to be victims of maltreatment than children in homes free of alcohol than children in homes free of alcohol abuse.abuse.

Impact on ChildrenImpact on Children

One of four children is One of four children is exposed to alcoholism exposed to alcoholism or alcohol abuseor alcohol abuse

Over 4 million Over 4 million children have at least children have at least one parent in need of one parent in need of drug abuse treatmentdrug abuse treatment

CPS Issues for Using ParentsCPS Issues for Using Parents

80% of child 80% of child abuse/neglect cases are abuse/neglect cases are caused or exacerbated by caused or exacerbated by substance abuse in substance abuse in CaliforniaCalifornia

Children in alcohol-Children in alcohol-

abusing families are abusing families are almost 4 times more likely almost 4 times more likely to be victims of to be victims of maltreatmentmaltreatment

Foster CareFoster Care In 2002 there were > 90,000 children in In 2002 there were > 90,000 children in

foster care in Californiafoster care in California DSS estimated that AOD is a significant DSS estimated that AOD is a significant

factor in 80% of foster care casesfactor in 80% of foster care cases

TRUETRUE 40% of people with alcohol disorders also 40% of people with alcohol disorders also

fulfill criteria for psychiatric disordersfulfill criteria for psychiatric disorders

What is “Co-Occurring”?What is “Co-Occurring”? Co-occurring mental and substance abuse Co-occurring mental and substance abuse

disorders include addiction or dependence disorders include addiction or dependence plus another major mental health condition. plus another major mental health condition. It may be a major mental illness like It may be a major mental illness like schizophrenia or a less severe mental illness schizophrenia or a less severe mental illness like clinical depression.like clinical depression.

In CaliforniaIn California 75% of our 360,000 homeless have 75% of our 360,000 homeless have

substance abuse problemssubstance abuse problems 50% of the mentally ill suffer from 50% of the mentally ill suffer from

substance abusesubstance abuse 77% public SA clients are unemployed77% public SA clients are unemployed 39% no high school diploma39% no high school diploma

Cocaine/Alcohol abusers with Cocaine/Alcohol abusers with comorbid psychiatric disordercomorbid psychiatric disorder

MENMEN

Anxiety 48%Anxiety 48%

Depression 36%Depression 36%

Bipolar 6%Bipolar 6%

Panic disorder 10%Panic disorder 10%

Social phobia 14%Social phobia 14%

PTSD 24%PTSD 24%

WOMENWOMEN

70%70%

40%40%

4%4%

18%18%

10%10%

46%46%

People with Co-occurring disorders are People with Co-occurring disorders are the “frequent flyers” in the justice systemthe “frequent flyers” in the justice system

Youth PrevalenceYouth Prevalence

80-85% of youth treated for substance 80-85% of youth treated for substance abuse also have a mental health disorderabuse also have a mental health disorder

Youth with behavioral and emotional Youth with behavioral and emotional problems are more likely to report alcohol problems are more likely to report alcohol or illicit drug dependenceor illicit drug dependence

Youth prevalence, cont.Youth prevalence, cont. Childhood maltreatment and trauma are Childhood maltreatment and trauma are

significant risk factors for later psychiatric significant risk factors for later psychiatric problems including AOD abuseproblems including AOD abuse

In CYA, 85% of the 5,700 wards have a SA In CYA, 85% of the 5,700 wards have a SA problemproblem

Relationship between AOD and Relationship between AOD and Psych SymptomsPsych Symptoms

AOD use can:AOD use can: Cause psychiatric symptomsCause psychiatric symptoms Mimic psychiatric disordersMimic psychiatric disorders Cause symptoms associated with almost Cause symptoms associated with almost

any psychiatric disorderany psychiatric disorder

Relationship cont.Relationship cont.

Prompt development, provoke reemergence Prompt development, provoke reemergence or worsen severity of psychiatric disordersor worsen severity of psychiatric disorders

Mask psychiatric symptoms and disordersMask psychiatric symptoms and disorders

FALSEFALSE The number one risk factor for alcoholism The number one risk factor for alcoholism

is childhood sexual abuseis childhood sexual abuse

Childhood Sexual AbuseChildhood Sexual Abuse It is the second most It is the second most

prevalent risk factorprevalent risk factor Applies to both boys Applies to both boys

and girlsand girls 70-90% of women in 70-90% of women in

tx were sexually tx were sexually abused before age 16abused before age 16

A recent survey showed:A recent survey showed: 1:5 girls have been 1:5 girls have been

sexually or physically sexually or physically abusedabused

The abuse occurred at The abuse occurred at home (53%)home (53%)

It happened more than It happened more than once (65%)once (65%)

The abuser was a The abuser was a family member (57%)family member (57%)

Or a family friend Or a family friend (13%)(13%)

29% told no one29% told no one Have increased Have increased

likelihood of SA or likelihood of SA or eating disorderseating disorders

TRUETRUE Children born to alcoholic parents but Children born to alcoholic parents but

adopted during infancy and raised by adopted during infancy and raised by “teetotalers” are still at greater risk for “teetotalers” are still at greater risk for alcoholism than adopted children who were alcoholism than adopted children who were born to non-alcoholics.born to non-alcoholics.

Genetic InheritanceGenetic Inheritance Alcoholic family twin Alcoholic family twin

raised by non-raised by non-alcoholic parentsalcoholic parents

74% concordance for 74% concordance for identical twinsidentical twins

32% concordance for 32% concordance for fraternal twinsfraternal twins

Genetic Inheritance, cont.Genetic Inheritance, cont. Non-alcoholic family twin raised by Non-alcoholic family twin raised by

alcoholicsalcoholics

NO INCREASED RISKNO INCREASED RISK

Aristotle said, Aristotle said, “…“…women who drink women who drink

wine excessively give wine excessively give birth to children who birth to children who drink excessively of drink excessively of wine.” 350 B.C.wine.” 350 B.C.

Age of onset of drinking is a risk Age of onset of drinking is a risk factorfactor

Every year before 21 increases likelihood of Every year before 21 increases likelihood of problem drinking by 12%problem drinking by 12%

Early drinkers need more alcohol to get Early drinkers need more alcohol to get highhigh

TRUETRUE The top 5% of drinkers consume half of all The top 5% of drinkers consume half of all

alcoholic beverages sold.alcoholic beverages sold.

Who’s drinking alcohol ?Who’s drinking alcohol ? 42% don’t drink42% don’t drink 12% seldom drink12% seldom drink 8% drink 2/3 sold8% drink 2/3 sold 5% consume 50%5% consume 50% In California, 50% of In California, 50% of

all addiction problems all addiction problems are as a result of are as a result of alcoholalcohol

Underage DrinkingUnderage Drinking

According to JAMA According to JAMA nearly 20% of all beer, nearly 20% of all beer, wine and hard liquor is wine and hard liquor is consumed by children consumed by children and teenagersand teenagers

Betty Ford Center Findings (Spring 2005)

Alcohol abuse cost CaliforniaAlcohol abuse cost California

$15,000,000,000$15,000,000,000

AOD use CA vs. USAAOD use CA vs. USA Any illicit drug 7.8%Any illicit drug 7.8% Marijuana 6.0Marijuana 6.0 Other drugs 3.2Other drugs 3.2 Alcohol 47.4Alcohol 47.4

6.4%6.4% 4.94.9 2.82.8 46.446.4

TRUETRUE The average DUI offender has a BAC of .16 The average DUI offender has a BAC of .16

(twice the “legal limit”).(twice the “legal limit”).

DUI FactsDUI Facts A “first time” DUI defendant has driven 400 times A “first time” DUI defendant has driven 400 times

under the influence before being caught. under the influence before being caught.

DUI FactsDUI Facts ““First time” driver has driven impaired 400 First time” driver has driven impaired 400

timestimes More men than women (4 vs. 1%) More men than women (4 vs. 1%) 4.4% white males, 3.1% “Hispanic” males 4.4% white males, 3.1% “Hispanic” males

and 2.8% African American males report and 2.8% African American males report driving while impaireddriving while impaired

1.5 million DUI arrests in US each year 1.5 million DUI arrests in US each year (almost 10% of arrests, the largest category (almost 10% of arrests, the largest category over the past decade)over the past decade)

Drinking after a DUIDrinking after a DUI Anecdotal evidence from New Mexico Anecdotal evidence from New Mexico

indicated that 100% of DUI offenders indicated that 100% of DUI offenders got drunk with 48 hours after being got drunk with 48 hours after being released from jailreleased from jail

Sasnett-Stauffer, Gail, “A Drug by any Other Name is still a Drug: Why the Florida Judiciary Should Sasnett-Stauffer, Gail, “A Drug by any Other Name is still a Drug: Why the Florida Judiciary Should Start Treating DUI as any Other Drug Offense,” 13 U.Fla. J. L. Pub. Policy 299 (2002)Start Treating DUI as any Other Drug Offense,” 13 U.Fla. J. L. Pub. Policy 299 (2002)

More than half of the More than half of the annual U.S. alcohol annual U.S. alcohol consumption is beerconsumption is beer

75% of all excessive 75% of all excessive alcohol consumption alcohol consumption is beeris beer

One 40 oz. Malt liquor =One 40 oz. Malt liquor = 5.9 beers5.9 beers

5.3 glasses of wine5.3 glasses of wine

5.3 mixed drinks5.3 mixed drinks

Smoking & AlcoholSmoking & Alcohol

80-90% of alcoholics 80-90% of alcoholics smokesmoke

Alcoholism is 10xs Alcoholism is 10xs more prevalent among more prevalent among smokers as non-smokers as non-smokerssmokers

Time Time magazine, 12-6-04 at 96magazine, 12-6-04 at 96

Small quantities of alcohol seems to significantly boost the pleasurable effects of nicotine

TRUETRUE Compliance with alcohol and other drug Compliance with alcohol and other drug

(AOD) treatment is about the same as with (AOD) treatment is about the same as with any other chronic condition.any other chronic condition.

Addiction/Chronic IllnessAddiction/Chronic Illness

Addiction/Chronic IllnessAddiction/Chronic Illness

Compliance Compliance Rate (%)Rate (%)

Relapse Rate Relapse Rate (%)(%)

AlcoholAlcohol 30-5030-50 5050

OpioidOpioid 30-5030-50 4040

CocaineCocaine 30-5030-50 4545

NicotineNicotine 30-5030-50 7070

Insulin Dependent DiabetesInsulin Dependent Diabetes

MedicationMedication <50<50 30-5030-50

Diet and Foot CareDiet and Foot Care <50<50 30-5030-50

HypertensionHypertension

MedicationMedication <30<30 50-6050-60

DietDiet <30<30 50-6050-60

AsthmaAsthma

MedicationMedication <30<30 60-8060-80

O’Brien CP, McLellan AT. “Myths About the Treatment of Addiction” (1996). The Lancet, Volume 347(8996), 237-240.

HYPERTENSIONHYPERTENSION Adherence to medication regime: <60%Adherence to medication regime: <60% Adherence to diet and exercise: <30%Adherence to diet and exercise: <30%

Retreated in 12 months: 50-60%Retreated in 12 months: 50-60%

DIABETES (Adult onset)DIABETES (Adult onset) Adherence to medication regime: <50%Adherence to medication regime: <50% Adherence to diet and exercise: <30%Adherence to diet and exercise: <30%

Retreated in 12 months: 30-50%Retreated in 12 months: 30-50%

ASTHMAASTHMA Adherence to medication: <30%Adherence to medication: <30%

Retreated in 12 months: 60-80%Retreated in 12 months: 60-80%

McLellan, A. Thomas, “Substance Abuse Treatment Research:Are There Practical Findings For General McLellan, A. Thomas, “Substance Abuse Treatment Research:Are There Practical Findings For General Use?,” Treatment Research Institute, University of Pennsylvania, 2002Use?,” Treatment Research Institute, University of Pennsylvania, 2002

FALSEFALSE Medical supervision during withdrawal is Medical supervision during withdrawal is

only necessary if the user is addicted to only necessary if the user is addicted to heroinheroin

TRUETRUE Environmental cues such as seeing a “crack Environmental cues such as seeing a “crack

pipe,” running into a former using partner pipe,” running into a former using partner or seeing drugs can cause a physiological or seeing drugs can cause a physiological reaction in the recovering addict for up to reaction in the recovering addict for up to ten years.ten years.

IV drug useIV drug use

Smoking methSmoking meth

Addiction is a Brain DiseaseAddiction is a Brain Disease

…with biological, sociological,

psycho- logical components expressed as compulsive

behavior

DefinitionDefinition ““Drug dependence Drug dependence

is less a failure of is less a failure of will than a will than a miscarriage of brain miscarriage of brain chemistry.”chemistry.”

Addiction is NOTAddiction is NOT ……a poor moral choicea poor moral choice It is preventable and It is preventable and

treatabletreatable Tx saves lives and Tx saves lives and

moneymoney

Addiction by drugAddiction by drug 9% marijuana users9% marijuana users 15% alcohol users15% alcohol users 20% heroin users20% heroin users 32% tobacco smokers 32% tobacco smokers

become addicted become addicted according to NIM according to NIM (1999)(1999)

GOOD NEWS!GOOD NEWS! Addiction is a Addiction is a

treatable disease on treatable disease on which the judiciary which the judiciary can have a profound can have a profound impact.impact.

“Judges should coerce treatment until sobriety becomes tolerable”

 John Chappel, M.D., Prof. of Med., UNR

  

ADAM Statistics 2000ADAM Statistics 2000 Sacramento 73%Sacramento 73%

Report using alcohol 61%Report using alcohol 61% San Diego 64%San Diego 64%

Alcohol 67%Alcohol 67% San Jose 53%San Jose 53%

Alcohol 72%Alcohol 72% New York 80% New York 80%

CA Treatment NeedCA Treatment Need

2.3 million Californians 2.3 million Californians needed treatment for needed treatment for alcohol or other drug alcohol or other drug abuse according to a abuse according to a 2001 UCLA study. In 2001 UCLA study. In Dec. 2001, there were Dec. 2001, there were 11,000 people on 11,000 people on waiting listswaiting lists

SACPA of 2000SACPA of 2000 As of June 30, 2002, >30,000 offenders As of June 30, 2002, >30,000 offenders

were in txwere in tx For > half, this was their first tx tryFor > half, this was their first tx try 72% SACPA participants male72% SACPA participants male @50% White, 31% Hispanic, 14% African @50% White, 31% Hispanic, 14% African

AmericanAmerican 86% placed in outpatient programs86% placed in outpatient programs

CA Tx Funding $682 millionCA Tx Funding $682 million Drug courts 2%Drug courts 2% Prop. 36 19% (+ 6% > for testing)Prop. 36 19% (+ 6% > for testing) Criminal justice “clients” 62%Criminal justice “clients” 62% Medicaid, perinatal, CalWORKs, Indian Medicaid, perinatal, CalWORKs, Indian

Health Clinics 32%Health Clinics 32% Unrestricted 6%Unrestricted 6%

We’re Number TwoWe’re Number Two California second in nation with 10,656 California second in nation with 10,656

women behind bars*women behind bars* Number of women in prison has grown Number of women in prison has grown

48% since 1995 while the male prison 48% since 1995 while the male prison population grew 29%population grew 29%

10% of African American men age 25-29 10% of African American men age 25-29 are in prisonare in prison

*Texas has 13,487 as of 12-31-03

SACPA drugs of abuseSACPA drugs of abuse50

1512 11

0

5

10

15

20

25

30

35

40

45

50

MethCocaineMjHeroin

Consequences

Family

Community

US ALL

Economic

HealthViolence

Crime

Substance Abuse…

Effective Tx Saves MoneyEffective Tx Saves Money Every $1 in tx saves $7 in other costsEvery $1 in tx saves $7 in other costs Tx is a good investmentTx is a good investment Tx reduces health care costsTx reduces health care costs

Tx cont.Tx cont. Tx cuts costs of crime, violence and law Tx cuts costs of crime, violence and law

enforcementenforcement Tx reduces health care costsTx reduces health care costs Tx restores familiesTx restores families Effective tx is affordableEffective tx is affordable

-7% -6%

30%

13%

-10%

0%

10%

20%

30%

TREATMENT EFFECTIVENESS Percentage Reduction in Recidivism in

154 Controlled Studies

TraditionalInappropriateAppropriateUnspecified

Coerced Tx, AKA, Coerced Tx, AKA, “Judicial Leverage”“Judicial Leverage”

If the proximate cause of criminal If the proximate cause of criminal activity is need to feed habit;activity is need to feed habit;

If criminal activity is done UI;If criminal activity is done UI; If drug use can lead to violence;If drug use can lead to violence;

Judicial Leverage, cont.Judicial Leverage, cont. Then criminal justice must hold people Then criminal justice must hold people

accountable AND enable change in accountable AND enable change in behaviorsbehaviors

Leading to reduced recidivism, safer Leading to reduced recidivism, safer communities, healthier/more communities, healthier/more productive citizensproductive citizens

NIDA: Principles NIDA: Principles

http://www.nida.nih.gov/PODAT/PODATindex.html

NIDA NIDA Principles of TreatmentPrinciples of Treatment

1.1. Treatment MatchingTreatment Matching

2.2. AvailabilityAvailability

3.3. Domains of CareDomains of Care

4.4. IndividualizationIndividualization

5.5. RetentionRetention

6.6. Psycho-Social Psycho-Social TreatmentTreatment

7.7. MedicationsMedications

8.8. Dual-Diagnosis Dual-Diagnosis TreatmentTreatment

9.9. Medical Medical DetoxificationDetoxification

10.10. CoercionCoercion11.11. MonitoringMonitoring12.12. High-Risk High-Risk

BehaviorsBehaviors13.13. RecidivismRecidivism

SALLYSALLY

A hypotheticalA hypothetical

FALSEFALSE

Babies born of mothers who use drugs during Babies born of mothers who use drugs during pregnancy are born “addicted.”pregnancy are born “addicted.”

Addiction required a fully developed nervous Addiction required a fully developed nervous system. Not all babies are susceptible. There is no system. Not all babies are susceptible. There is no hard evidence that such babies seek drugs or lose hard evidence that such babies seek drugs or lose control over drugs.control over drugs.

Brick, J. and Erickson C.K., Drugs, The Brain, and Behavior: The Pharmacology of Abuse and Dependence. The Hayworth Press, Binghamton, N.Y, (1999)

Cocaine-Cocaine-Exposed Children Exposed Children

Trained research Trained research assistants, assistants, unaware of a unaware of a child’s history, child’s history, cannot tell the cannot tell the difference difference between a 4-year-between a 4-year-old who was old who was exposed to exposed to cocaine before cocaine before birth and one who birth and one who was not.was not.

Bias in scientific literatureBias in scientific literature There are both observational and There are both observational and

analytical errors in reports about analytical errors in reports about maternal cocaine use. There is a bias maternal cocaine use. There is a bias in the medical literature on cocainein the medical literature on cocaine

Fromberg, E., “Cocaine and Pregnancy, Hype or Science?,” Netherlands Fromberg, E., “Cocaine and Pregnancy, Hype or Science?,” Netherlands Instituut voor Alcohol en Drugs, (2001)Instituut voor Alcohol en Drugs, (2001)

2002 research2002 research  

A recent NIDA study which corrected for A recent NIDA study which corrected for factors like poverty, poor nutrition, lack of factors like poverty, poor nutrition, lack of prenatal care showed significant mental prenatal care showed significant mental deficits in toddlers exposed to cocaine before deficits in toddlers exposed to cocaine before birth. However, the study did not correct for birth. However, the study did not correct for other drugs including alcohol, tobacco and other drugs including alcohol, tobacco and marijuanamarijuana

Singer, L.T., et al., “Cognitive and motor outcomes of cocaine-exposed infants,”Singer, L.T., et al., “Cognitive and motor outcomes of cocaine-exposed infants,”

JAMA JAMA 287(15):1952-1960, 2002287(15):1952-1960, 2002

Latest researchLatest research Prenatal cocaine exposure NOT associated Prenatal cocaine exposure NOT associated

with verbal or performance IQ scoreswith verbal or performance IQ scores Increased risk for specific cognitive Increased risk for specific cognitive

impairment and lower likelihood of IQ impairment and lower likelihood of IQ above the norm at 4 yearsabove the norm at 4 years

How to correct for exposure?How to correct for exposure? The quality of the care giving environment The quality of the care giving environment

was the strongest independent predictor of was the strongest independent predictor of outcomesoutcomes

Cocaine-exposed children placed in homes Cocaine-exposed children placed in homes with a stimulating environment and with with a stimulating environment and with caregivers with good vocabulary scores caregivers with good vocabulary scores attained full-scale and performance IQ attained full-scale and performance IQ scoresscores

Singer, et al., “Cognitive Outcomes of Preschool Children with Prenatal Cocaine Exposure,” 291:20 Journal of theAmerican Medical Association (JAMA) (May 26, 2004)

Criminal Justice Referrals, by Sex and Primary Substance: 1998

0

10

20

30

40

50

60

70

Mar

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a

Stimul

ants

Alcoho

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Cocai

ne

Tran

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edat

ives

Heroi

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Pe

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Ad

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Female

 The Dasis Report: How Men and Women Enter Substance Abuse Treatment, SAMHSA, August 3, 2001

Conditions should be …Conditions should be …

RealisticRealistic Relevant Relevant Research-supportedResearch-supported

12 Steps and the Courts12 Steps and the Courts

AA and the First AmendmentAA and the First Amendment“Establishment of Religion”“Establishment of Religion”

Griffin v. Coughlin Griffin v. Coughlin 649 NY2d 903, 649 NY2d 903, cert. cert. den.den. __ US __, 136 LE2d 607 (1997) __ US __, 136 LE2d 607 (1997)

Warner v. Orange Co. Dept. of Probation Warner v. Orange Co. Dept. of Probation 115 F.3d 1068 (2d Cir., 1997), 115 F.3d 1068 (2d Cir., 1997), cert. den.cert. den.

AA & 1AA & 1stst Amendment Amendment O’Conner v. Calif. O’Conner v. Calif. 855 F.Supp. 303 (C.D. 855 F.Supp. 303 (C.D.

Ca 1994)Ca 1994)

No 1No 1stst Am. Where probationer given choice Am. Where probationer given choice between AA and “secular” programbetween AA and “secular” program

See also: Honeymar, Michael G.,, Jr., “Alcoholics Anonymous as a Condition of Drunk Driving See also: Honeymar, Michael G.,, Jr., “Alcoholics Anonymous as a Condition of Drunk Driving Probation: When Does It Amound to Establishment of Religion?,” 97 Probation: When Does It Amound to Establishment of Religion?,” 97 Columbia Law Review Columbia Law Review 437 437 (1997)(1997)

““Working the Steps”Working the Steps”

People in recovery who were sponsoring People in recovery who were sponsoring others or working the steps were more others or working the steps were more successful at not taking the first drink successful at not taking the first drink during the first year after treatmentduring the first year after treatment

People who were helping were significantly People who were helping were significantly more likely to stay sober independent of the more likely to stay sober independent of the number of meetings attended.number of meetings attended.

Pagano, ME, et al., “Helping other alcoholics in Alcoholics Anonymous and drinking outcomes: Findings from Project MATCH,” Journal of Studies on Alcohol 65:766-773, 2004)

Appropriate ResponsesAppropriate Responses

Identifying behaviors to Identifying behaviors to reinforcereinforce– sobrietysobriety– mental healthmental health – appropriate parentingappropriate parenting– non-violencenon-violence

Appropriate behaviorAppropriate behavior

Identifying behaviors to sanctionIdentifying behaviors to sanction– non-compliance with probation ordernon-compliance with probation order– non-compliance with treatment plannon-compliance with treatment plan– substance abuse / relapsesubstance abuse / relapse

Ongoing judicial supervision increases the Ongoing judicial supervision increases the likelihood that the participant will remain in likelihood that the participant will remain in treatmenttreatment

Regular status hearings are used to monitor Regular status hearings are used to monitor participant performanceparticipant performance

Judicial SupervisionJudicial Supervision

Judicial SupervisionJudicial Supervision

Time between hearings may be increased or Time between hearings may be increased or decreased, based on compliancedecreased, based on compliance

Grouping the participants for single court Grouping the participants for single court sessions educates them on the consequencessessions educates them on the consequences

CCJ/COSCACCJ/COSCA 50:0 Chief Justices voted 50:0 Chief Justices voted

to support “Problem-to support “Problem-Solving Courts” Solving Courts”

Will develop Best Will develop Best PracticesPractices

Recognizes collaboration Recognizes collaboration and interdisciplinary and interdisciplinary trainingtraining

Resolution 22, adopted 8-3-2000Resolution 22, adopted 8-3-2000

Judges.jpg

COSCACOSCA

““The human and political success of The human and political success of therapeutic justice programs is too great to therapeutic justice programs is too great to ignore. ignore.

““Courts [must be] responsive to changing Courts [must be] responsive to changing times and changing expectations but not at times and changing expectations but not at the cost of their fundamental roles and the cost of their fundamental roles and responsibilities.”responsibilities.”

““Weighing” the Court Weighing” the Court Performance Standards Performance Standards

Trial Court Performance Trial Court Performance StandardsStandards

Standard 3.5 Responsibility for EnforcementStandard 3.5 Responsibility for Enforcement: : The Trial Court takes appropriate responsibility The Trial Court takes appropriate responsibility for the enforcement of its orders.for the enforcement of its orders.

TCPSTCPS

Standard 4.5 Response to ChangeStandard 4.5 Response to Change: The Trial : The Trial Court anticipates new conditions and emergent Court anticipates new conditions and emergent events and adjusts its operations as necessary.events and adjusts its operations as necessary.

4.5 Commentary4.5 Commentary

Effective trial courts are responsive to Effective trial courts are responsive to emergent public issues such as drug emergent public issues such as drug abuse, child and spousal abuse, AIDS, abuse, child and spousal abuse, AIDS, drunken driving, child support drunken driving, child support enforcement, crime and public safety, enforcement, crime and public safety, consumer rights, gender bias, and the consumer rights, gender bias, and the more efficient use of fewer resources. more efficient use of fewer resources.

A trial court that moves deliberately in A trial court that moves deliberately in response to emergent issues is a response to emergent issues is a stabilizing force in society and acts stabilizing force in society and acts consistently with its role of maintaining consistently with its role of maintaining the rule of law.the rule of law.

TCP Standard 5.2TCP Standard 5.2

Expeditious, Fair and Reliable Expeditious, Fair and Reliable Court FunctionsCourt Functions

5.2 Commentary 5.2 Commentary

The public has trust and confidence The public has trust and confidence that basic trial court functions are that basic trial court functions are conducted expeditiously and fairly conducted expeditiously and fairly and that court decisions have and that court decisions have integrityintegrity